Who is Liable in a Gig Economy Accident? Uber, Lyft, Delivery Drivers, and Independent Contractors

The gig economy today is thriving. Uber, Lyft, Amazon, and DoorDash are just a few companies that offer convenient services, including rides, food deliveries, and more. Along with the convenience of these services, however, also comes the question of liability, particularly when an accident occurs.

Most gig workers are classified as independent contractors, which can make determining liability after a crash even more difficult. If you or someone you love has been hurt, you need legal help. Our Oklahoma rideshare accident lawyer can provide it and determine liability for your injuries so you can pursue compensation.

Who is liable after a rideshare accident?

Liability in a rideshare accident typically depends on the circumstances surrounding the crash, the rideshare driver’s status at the time of the collision, and other important facts of the case. Unlike other car accidents, multiple parties are often at fault for a rideshare accident, which makes determining liability even more complex. The parties who may be liable for a rideshare accident are typically as follows:

• Rideshare drivers: Rideshare drivers may be liable for a crash if they acted negligently by driving while distracted, speeding, or otherwise acting carelessly. Rideshare drivers are independent contractors, and so, this can impact which insurance policy applies, that of the driver’s or the rideshare service. If a rideshare driver was not logged into the app at the time of the accident, their personal auto insurance policy may provide compensation. If the driver was logged into the app, the ridesharing service’s insurance may apply.
• Rideshare companies: Rideshare companies provide insurance coverage, but the level of liability largely depends on the driver’s status at the time of the crash. Lyft and Uber are governed by Oklahoma’s Transportation Network Company (TNC) regulations and insurance laws. Under these laws, Uber and Lyft will provide up to $50,000 per person or $100,000 per accident in bodily injury coverage if the driver is logged into the app and waiting for a ride request. The ridesharing services both increase the coverage available to $1 million if the driver was on the way to pick up a passenger, or if they were already transporting a passenger.
• Other drivers: If another driver caused the accident, they can be held liable for paying damages. In these instances, injured individuals must file a claim against the other driver’s insurance policy.

Who is liable after a delivery truck accident?

Rideshare drivers are not the only independent contractors on Oklahoma’s roads. Delivery drivers for major gig platforms such as Amazon Flex and DoorDash are also typically classified as independent contractors and not employees. Determining liability after a delivery truck accident depends on the policies of individual companies.

For example, Amazon provides commercial auto insurance for its Flex drivers in Oklahoma, but it acts as supplemental coverage. Drivers are only covered while they are actually making deliveries. Importantly, they must maintain personal auto insurance policies, which may not cover commercial work such as making deliveries. Drivers operating branded Amazon vans may be covered by the commercial insurance policy of the Delivery Service Partner (DSP) that employs them, though Amazon may share liability in certain cases.

DoorDash provides third-party auto liability insurance during the ‘Delivery Available’ and ‘Delivery Service’ periods, subject to the limits and conditions of its policy.

How to prove liability after a gig economy accident

Regardless of which insurance company you are filing a claim against, you must prove liability. This involves proving that a driver or company was negligent and that an accident resulting in injuries and other losses occurred. Proving liability requires strong evidence, which may include the following:

• The police report: It is important to ensure that the police are called after any accident. After law enforcement visits the scene of a crash, the officer will write and file a report. The report can outline how the collision occurred and may even indicate who is liable. This is strong evidence when filing a claim.
• Pictures and video footage: While still at the accident scene, it is important to take pictures and video footage, if possible. Make sure you capture the accident scene as a whole, close-ups of any damage to the vehicles involved, and your injuries, if possible. If you or another driver has dashcam footage, this can also be used to demonstrate how the crash occurred.
• Eyewitness testimony: Witnesses who saw the accident can provide an objective overview of how the crash occurred. Locate any witnesses after an accident and ask for their names and contact information.
• Data from apps: Screenshots of a rideshare trip can show the driver’s name, vehicle, route, and prove that you were a passenger at the time of the crash. If the driver was a delivery driver and you were not a passenger at the time, it is important to work with an attorney who can obtain the records showing the driver’s status at the time of the collision.
• Medical records: It is critical to seek medical attention after any accident. Not only will this ensure your injuries do not become worse, but it will also document them. Your medical records can show the nature and severity of the injuries, and the treatments you will need now and in the future.

How our rideshare accident lawyers in Oklahoma can help

Any auto accident can cause serious injuries, and determining who is liable afterwards is rarely straightforward. When the crash involves a rideshare driver or other type of independent contractor, determining who is at fault is even more complex. At Cunningham & Mears, our Oklahoma rideshare accident lawyers can conduct an investigation to determine who is liable for paying damages, negotiate on your behalf, and ensure all legal requirements and deadlines are met. Call us today or fill out our online form to schedule a consultation with one of our experienced attorneys and to learn more about how we can help.